Legislative Updates 2005

Hi all! Tuesday is Environmental Day at the Legislature. The program runs from 9:30 a.m. to 11:30 a.m. and includes several legislators and advocates speaking on energy efficiency and renewables, health and the environment, and water. Please let me know if you plan to attend, so we can be sure and have enough chairs and snacks.

Please call members of the Federal Mandates and Property Rights Committee and ask them to oppose HB2406 downzoning; owner compensation (Pearce, Barnes: J Allen, et al). It says that any county rezoning that restricts the use or reduces the value of land is a taking and requires compensation. This is ridiculous as all land use measures affect use or value in some way. Some zoning requirements add value, some take away, some limit the height of buildings, and some require a particular density. This goes well beyond any court’s definition of a taking. This could make it difficult to implement zoning measures that protect sensitive areas. Members of the committee include Representatives: Alvarez malvarez@azleg.state.az.us (602) 926-5895; Burges jburges@azleg.state.az.us (602) 926-5861; Chuck Gray cdgray@azleg.state.az.us (602) 926-5495; Gary Pierce gpierce@azleg.state.az.us (602) 926-3163; Prezelski tprezels@azleg.state.az.us (602) 926-3424; and Burnell Smith dsmith@azleg.state.az.us (602) 926-5766. If you're outside the Phoenix area, you can call toll free at 1-800-352-8404.

Quick update: HB2351 municipal ballot measures; signatures (Nelson, Hershberger, Huffman, et al) passed out of the Counties, Municipalities and Military Affairs 9-1-0-1. The measure makes it more difficult to do a zoning referendum in smaller cities and towns. This goes to the House Judiciary Committee next.

Here’s the schedule of key issues for this coming week:

Monday, January 31^st

House Committee on Natural Resources and Agriculture at 9:00 a.m. in HHR5

Presentations by Wally Covington, Kirk Rowdabaugh, and Karl Siderits on Forest Issues

HB2180 Spur Cross Ranch conservation area (O’Halleran) directs the State Parks Board to hold and maintain in perpetuity an irrevocable conservation easement for preserving Spur Cross Ranch in a “substantially” natural state. Our only concern with this is that the County has a history of trying to develop or dispose of park land. We would like to see a requirement for a reversion clause if the conservation easement is violated.

Senate Committee on Judiciary at 1:30 p.m. in SHR1

SB1205 election law revisions (Jarrett), SB1218 election laws; secretary of state (Jarrett, Blendu, Harper), and SB1219 voter registration information; citizenship; privacy (Jarrett, Blendu, Arzberger) address numerous changes to the election laws, implement Proposition 200 and provide for privacy of relating to the proof of citizenship information.

House Committee on Federal Mandates and Property Rights at 1:30 p.m. in HHR3

HB2406 downzoning; owner compensation (Pearce, Barnes: J Allen, et al) See above. WE OPPOSE IT.

Tuesday, February 1^st Environmental Day! ­ 9am to 1pm table displays and 9:30am to 11:30am program

Senate Committee on Appropriations at 1:30 p.m. in SHR109

Parks Board Budget

Senate Committee on Transportation at 1:30 p.m. in SHR1

SB1154 vehicle fuel: prohibited oxygenates (Allen) limits the use of certain oxygenates including methanol, isopropanol, etc. (Most of those limited are alcohol-based).

Wednesday, February 2^nd

House Committee on Government Reform and Government Finance Accountability at 1:30 p.m. in HHR3

HB2440 state lottery; distributions (McComish, Paton) changes the lottery structure and distribution. I believe it makes the Heritage Fund subject to legislative appropriation and that cannot be a good thing.

HB2523 clean elections; fundraising expenses (McClure, Boone, Mason, et al) relates to matching funds triggered by the expenditures of a nonparticipating candidate beyond the original primary election spending limit ­ it deducts the nonparticipating candidate’s fundraising expenses from the match dollars.

House Committee on the Environment at 1:30 p.m. in HHR5

HB2266 air quality fund; particulate measures (McClure, Paton, Bee, et al) appropriates $3,000,000 from the diesel vehicle low emissions incentive grant program to the ADEQ for distribution on measures to reduce PM-10 emissions generated on Santa Rita road in Pima county. Why can’t developers pay for that?

House Committee on Appropriations at 1:30 p.m. in HHR1

State Parks Board Budget

Senate Committee on Natural Resources and Rural Affairs at 1:30 p.m. in SHR109

SB1190 exempt wells (Flake, Arzberger, Blendu, et al) restricts the drilling of exempt wells near municipal wells and their operating water distribution system (within 100 feet).

SB1235 CAGRD omnibus; water (Flake, Arzberger, Brown, et al) says when a municipal provider terminates water service and fails to pay the replenishment tax, a new provider that comes into the area must pay the tax before operating in the area. It also allows a conservation district to apply to transfer credits in its replenishment reserve subaccount to its conservation district account, among other things. We need to take a good look at this. The CAGRD promotes development on undisturbed land versus agricultural land and is another sprawl machine.

SB1318 flood control; omnibus (Flake, Arzberger, Brown, et al) makes numerous changes related to flood-related erosion prone areas. I am looking into this, but I did not see any problems in my initial read of it.

SB1334 hydrologic studies; Benson subwatershed; appropriation (Arzberger, Bee, Burns J, et al) appropriates $164,000 is appropriated to develop a groundwater flow model for the Benson subwatershed of the lower San Pedro river ­ focuses on potential effect on Kartchner Caverns state park. This is probably okay as more information is better, but we need to actually to take action to protect the park, the river, etc.

SB1341 air quality rules; dust exceedances (Jarrett: Verschoor) includes provisions for exempting “naturally occurring dust events that include precipitation” from particulate exceedances. I don’t know exactly why they are including this language, but every exemption provides opportunity to weasel out of clean air protections.

Thursday, February 3^rd

House Committee on Transportation at 9:00 a.m. in HHR3

HB2326 emissions testing; in lieu repeal (Gray C., Biggs, Chase, et al) eliminates the in lieu fee for emissions. This would eliminate a lot of funding for Clean Air programs. WE OPPOSE IT.

Thanks again for your help and support! To email legislators go to http://www.azleg.state.az.us/MemberRoster.asp If you are not sure who your legislators are, please go to http://www.vote-smart.org (You will need your 9-digit zipcode.) or call the House or Senate information desks. If you're outside the Phoenix area, you can call your legislator's office toll free at 1-800-352-8404. In the Phoenix area call (602) 926-3559 (Senate) or (602) 926-4221 (House). Correspondence goes to 1700 W. Washington, Phoenix, AZ 85007-2890. For more information on legislation go to http://www.azleg.state.az.us/ .